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NSW native title claim approved

MARK COLVIN: The Federal Court approved a native title claim for parts of the New South Wales north coast today - more than 17 years after it was first lodged.

It's just the third case of its kind determined in New South Wales since the Native Title Act became law 20 years ago.

Bruce MacKenzie reports.

BRUCE MACKENZIE: When the Bandjalang people first lodged their native title claim, John Howard was prime minister, Bob Carr was the premier of New South Wales, and The Castle was making a subtle point about land rights that may have escaped many movie goers.

Seventeen years later, it came down to this:

COURT ORDERLY: All stand. The Federal Court of Australia is now adjourned.

(Applause)

BRUCE MACKENZIE: For Bandjalang woman Veronica Wilson, it was good news that took too long to arrive.

VERONICA WILSON: My father started this off 17 years ago, and I just wished he was here today. It was very exciting, very overwhelming. I just loved it, to hear the words and to hear the cheer, and everything with all the people. Yeah, it all came together and it was very good.

BRUCE MACKENZIE: The decision recognises the relationship Indigenous people in the area have with the land, and their right to hunt, fish, camp and gather traditional natural resources. It covers an area of about 2,750 square kilometres, roughly bordered by the towns of Casino, Evans Head and Grafton.

Native title lawyer Mishka Holt says practical benefits, such as improved Indigenous employment opportunities, and more say over land management and development, will flow when an Indigenous Land Use Agreement is finalised.

MISHKA HOLT: Bandjalang people do have native title recognised in a large part of their country, state forests, national parks, crown reserves, some waterways. We will see Bandjalang people have procedural rights over all of that country. That means if there's going to be a development, a future act, something like a mining or exploration, that they will have the opportunity to be consulted, and in some cases the right to negotiate in relation to those developments.

BRUCE MACKENZIE: Negotiations over the terms of that land use agreement have been underway for the last 18 months. Local elder, Bill Drew, says it's an opportunity that could benefit generations of Bandjalang people.

BILL DREW: We've been in the process with National Parks, doing temporary employment. We're also looking in terms of co-management, and also setting our own depot up to empower our people. But we're looking for much more than just employment. We're looking for ownership and to empower our people and our younger people to take that role on and responsibility in years to come as well.

BRUCE MACKENZIE: Mr Drew also says the decision took too long, and took an emotional toll on the Aboriginal community.

BILL DREW: It's been a long time in the making for us. And we lost a lot of our elders along the way. (Emotionally) Yeah, it's a very historic day, very special day, spiritually and otherwise. I think it identifies being the rightful heirs to our country, and it also signifies the future of our children and their children.

BRUCE MACKENZIE: Lawyer Mishka Holt says because the Native Title Act is only 20 years old, many parts of it have been challenged in the High Court, leading to delays. She says having decisions delivered without the original applicants there to hear them is one of the saddest parts of her job.

MISHKA HOLT: You also see the resilience of the community, that there are other people to step in and to continue that work. I think we've already seen in matters that have been filed in more recent years, in the last three to four years, that things are certainly moving much more quickly. And I think those lessons have been well learned. And we're grateful to Bandjalang people and other people who filed claims early in New South Wales to show us how we can best move things forward.

BRUCE MACKENZIE: The not-for-profit legal group that handles native title claims estimates as many as 35 could be determined in New South Wales alone over the next few years.